The Contra Costa County Animal Control Ordinance, Division 416 of the Contra Costa County Code, is adopted by reference in its entirety and as it may be amended from time to time, and incorporated herein. The provisions of this ordinance may be enforced by the Contra Costa County Animal Services Department pursuant to the agreement between the City of Pinole and Contra Costa County.
(Ord. 2018-03, 2018)
Violation of the Contra Costa County Animal Control Ordinance, as adopted by Section 6.04.010, shall be subject to the penalties of County Code Division 416, set forth as follows:
A. Notwithstanding Section 14-8.004, and pursuant to California Food and Agricultural Code Section 31401, violations of Division 416 of this code, excepting Chapter 416-10 and Article 416-12.2, are punishable by a fine of not more than fifty dollars for the first offense, and not more than one hundred dollars for the second or subsequent offense.
B. Notwithstanding subsection (a) above, violation of section 416-4.404 Abandonment, excluding abandonments under Section 416-8.014, is a misdemeanor and punishable as such.
C. Article 416-4.8 of Division 416 provides for administrative fines that the Contra Costa County Animal Services Department may impose, enforce, and collect to address any violation of Division 416.
1. For a continuing violation, the amount of the fine is one hundred dollars for the first notice of fine. If the owner fails to correct the violation after the first notice of fine, and a second notice of fine is issued in the same year, the amount of the fine in the second notice is two hundred dollars. If the owner still fails to correct the violation after the second notice of fine, the amount of the fine is five hundred dollars for each additional notice of fine that is sent within one year.
2. If the violation is not a continuing violation, the amount of the fine is one hundred dollars for a first violation, two hundred dollars for a second violation of the same section within one year, and five hundred dollars for each additional violation of the same ordinance within one year.
D. Violation of Chapter 416-10, except for the provisions of Section 416-10.010(b), is a misdemeanor. Violation of Section 416-10.010(b) is subject to Article 416-4.6 of Division 416.
E. The Contra Costa County Animal Services Department may issue an administrative penalty under Article 416-4.8 to any responsible person for a violation of section 416-12.202 based on either or both of the following:
1. An observation of the violation by a department employee.
2. A complaint, signed under penalty of perjury, lodged by a person who has been disturbed by the barking dog or noisy animal.
F. It shall be a misdemeanor for any owner or keeper of an animal previously designated as dangerous to violate any of the conditions of the dangerous animal permit under Section 416-12.422 of Article 416-12.4, punishable as provided by law. If an owner or keeper is convicted of violating this section, the court may, upon good cause, order the dangerous animal seized, declared a nuisance and destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any animal within Contra Costa County for a minimum of five years.
G. Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, who owns, purchases, receives, or has in his or her possession or under his or her custody or control a dog or any other animal that poses a danger to the public's health, safety or welfare if misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid prohibited dog permit for that dog or the equivalent for a different animal type as provided in Section 416-12.438. A convicted felon under Article 416-12.4 shall not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4. 'Misuse' by a convicted felon means use of a dog or any other animal in a threatening or aggressive manner, or in the commission of a crime.
(Ord. 2018-03, 2018)
For purposes of this chapter, unless the context clearly indicates otherwise, certain works and phrases have the meanings given in this section:
A. ANIMAL. Any mammalian animal, poultry, bird, reptile or fish.
B. ANIMAL ENCLOSURE. An enclosed area designed or used for keeping animals, including but not limited to, dog runs, chicken coops, cages, pens, animal houses, cars, etc. When an animal is tethered, the bounds of said tether shall be considered an animal enclosure.
C. APIARY. Bees and hives wherever they are kept, located or found.
D. BEES. Honey-producing insects of the genus Apis. It includes all life stages of such insects.
E. COMPANION ANIMAL. A horse or pony; however, this chapter shall not apply to horses or ponies allowed to pasture where the individual pastures exceed ten acres in area.
F. DOG. Any animal of the canine family.
G. FOWL. Any domesticated chicken, pigeon, rooster, duck, guinea, hen, peacock or turkey.
H. HIVE. Any receptacle or container, or part of any receptacle or container which is inhabited by a live colony of bees.
I. KENNEL. Any premises where three or more adult dogs are maintained, boarded, cared for, or trained or are kept or bred for sale. A dog more than six months old shall be considered an adult dog.
J. LIVESTOCK. All domesticated bovine, equine, caprine, ovine, swine, except potbellied pigs, avian and rodent species, including, but not limited to, cattle, donkeys, mules, burros, sheep, hogs or goats; provided, however, this chapter shall not apply to livestock allowed to pasture on land where the individual pastures exceed ten acres in area.
K. PIG, POTBELLIED. A registered, purebred miniature breed of swine/hog, weighing less than one-hundred pounds, also referred to as Vietnamese Potbelly, Oriental or Chinese Potbelly pigs.
L. PERSON. Any person, firm, association, organization, partnership, business trust, corporation or company.
M. SMALL ANIMALS. Common domestic songbirds, talking birds, small turtles, goldfish, small tropical fish commonly kept in aquariums and fish ponds, pigeons, rabbits, hamsters, guinea pigs, rats, mice, ducks, chicken, geese or other fowl.
N. VICIOUS ANIMAL. Any animal which shows a propensity to attack, bite, scratch, or harass people or other animals without provocation as determined by the city police chief. (Ord. 585 § 1, 1996: Ord. 539 § 2 (part), 1991).
A. Preexisting Use. Any person keeping or boarding any animal or livestock on his or her property on the effective date of the ordinance codified in this chapter shall within ninety days from such effective date comply with the provisions of this chapter.
B. Not Regulation of Land Use. This chapter is not intended to regulate the use of land. Nothing in this chapter is intended to supersede the provisions of the city zoning ordinance.
C. Existing Covenants, Conditions and Restrictions. This chapter shall not abrogate or nullify any existing covenants, conditions or restrictions which are on record for the benefit of any development, district or neighborhood in the city, and which may prohibit or otherwise regulate the keeping or boarding of any type animal defined in this chapter.
D. Variances. Variances from any requirement, condition, or provision for the keeping of animals, as outlined in this chapter, may be granted subject to the provisions of the variance or variance adjustment procedures outlined in the Pinole zoning ordinance.
E. Fees. All fees for animal permits shall be established by
City Council
resolution.
F. Animals Committing Nuisances Prohibited. It shall be unlawful for any person owning or keeping any animal, to allow the animal to commit any nuisance upon any public street, sidewalk, highway or other public place,'or upon any private property or to damage the property of any other person or public agency.
G. Noisy Animal Prohibited. It shall be unlawful for any person to keep or maintain a dog or other animal, including fowl, which, by continuous barking, whining or other noise, unreasonably disturbs the peace, comfort or quiet of another person or persons. It shall be
unlawful for any person to tease, torment, or otherwise provoke a dog, or other animal into barking, howling or disturbing the peace and quiet of any person within the city.
H. Newly Born Animals. If any animal, livestock or companion animal gives birth and such birth would result in there being more than the number of animals permitted by this chapter, then such newly born animal shall be allowed to remain with its mother on the premises until weaned without there being a violation of this section. (Ord. 539 § 2 (part), 1991).
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